Foust v. Kuku-Ojo

Filing 35

ORDER signed by Magistrate Judge Allison Claire on 09/28/17 DENYING 10 , 11 , 12 , 13 , 18 , 21 , 22 , 23 , 27 motions for extension of time and appointment of counsel. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CARL FOUST,

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No. 2:16-cv-2731 WBS AC P
Plaintiff,

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v.

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O. KUKU-OJO,

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ORDER

Defendant.

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Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42

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U.S.C. § 1983. He has filed numerous requests for extension of time and for appointment of

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counsel. ECF Nos. 10-13, 18, 21-23, 27.

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There are currently no deadlines pending and the motions for extension of time of

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unspecified deadlines will therefore be denied. With respect to his requests for counsel, the court

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has yet to screen the complaint and is therefore unable to assess plaintiff’s likelihood of success

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on the merits at this time. Palmer v. Valdez, 560 F.3d 965, 970 (9th Cir. 2009) (“When

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determining whether ‘exceptional circumstances’ exist, a court must consider ‘the likelihood of

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success on the merits as well as the ability of the [plaintiff] to articulate his claims pro se in light

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of the complexity of the legal issues involved.’” (quoting Weygandt v. Look, 718 F.2d 952, 954

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(9th Cir. 1983))). The motions for counsel will therefore be denied without prejudice as

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premature.
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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motions for extension of time

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and appointment of counsel (ECF Nos. 10-13, 18, 21-23, 27) are denied.

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DATED: September 28, 2017

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